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(영문) 광주지방법원 2018.11.13 2018고정1034
산업안전보건법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. Defendant A is a person in charge of safety and health management at the site of a new construction site of a “D hotel” located in Gwangju North-gu, Gwangju, a company with limited liability, who actually controls the safety and health of its on-site workers.

(a) Where a business owner installs a safety rail in order to prevent danger, such as falling, etc. of workers, he/she shall consist of the upper rail, middle rail, and rail pole from the edge of the rail;

Nevertheless, on July 4, 2018, the Defendant did not install a second-story safety rail at the time of planning and supervision for the preparation of the horse iron from the Gwangju Regional Labor Office.

(b) In a place where workers might fall down, as the end or opening of the work plate and passage, the business owner shall install a reinforced structure with sufficient strength protection measures, such as safety railing, fence, vertical fall net, or cover, etc.;

Nevertheless, on July 4, 2018, the Defendant did not take measures for falling protection on the opening of the 3-story-gu Incheon Metropolitan Labor Office when planning and supervising the preparation for the marina iron from Gwangju Regional Labor Office.

(c)

The business owner shall install a saw prevention device on the saw machine for wood processing.

Nevertheless, on July 4, 2018, the Defendant did not install a saw contact device on the original saw machine used at the third floor site when planning and supervising the preparation for the horse iron from the Gwangju Regional Labor Office.

2. Defendant B Co., Ltd. (LLC) is a corporation established for the purpose of the construction business in Mayang-si E, which is a business owner who executes the D’s new hotel construction work on a contract basis with A for KRW 4,400,000,000.

Defendant

The limited liability company B did not take necessary measures to prevent industrial accidents as described in paragraph (1) with respect to the defendant's business by the defendant who acted on behalf of the defendant.

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on the results of supervision;

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